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SEX WORK AND THE LAW - HIV/AIDS Data Hub

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Other examples of local ordinances include:<br />

<br />

<br />

<br />

<br />

<br />

In Makati City, City Ordinance 92-073 requires entertainment workers to undergo<br />

check-ups every 14 days conducted by the Makati Health Department and to secure<br />

annual clearance for <strong>HIV</strong> from the Social Hygiene Clinic. 510<br />

In Angeles City, sex workers who are diagnosed with an STI are allowed to continue<br />

to work at the establishment, but are not permitted to provide sexual services until<br />

cured. The floor manager of a bar is notified of a bar worker’s positive STI diagnosis. 511<br />

In Iloilo City, freelance sex workers are reportedly required to register, and acquire<br />

‘green card’ with regular STI screening through a local NGO (i.e., PROCESS). Police may<br />

apprehend those who fail to comply. 512<br />

In Quezon City, Ordinance 1053 requires entertainment/sex workers to undergo<br />

weekly STI screening/testing and a semi-annual <strong>HIV</strong> voluntary test. Managers/owners<br />

may opt to fire entertainers who refuse to undergo a test. 513<br />

In Olongapo City, an Anti-Prostitution Ordinance (No.51 Series of 2009) targets<br />

customers and pimps, as opposed to female sex workers. According to Buklod (an<br />

NGO for sex workers), this Ordinance was patterned after a similar local policy in<br />

Quezon City. There is a challenge in enforcing the local Anti-Prostitution Ordinance<br />

because of the very minimal penalty (Php 5,000). Consequently, the local government<br />

issued another policy, the Anti-Indecency Ordinance, to discourage sex work activities<br />

in entertainment establishments by prohibiting entertainment workers from<br />

dancing nude or in underwear. Additionally, a multi-sectoral task force composed<br />

of members of the Local <strong>AIDS</strong> Council, Social Hygiene Clinic, National Bureau of<br />

Investigation, Philippine National Police and an NGO (Buklod) was formed to monitor<br />

the implementation of the ordinance. Establishments found to be in violation of the<br />

policy are closed, while sex workers are referred to Buklod for <strong>HIV</strong> and STI orientation<br />

education seminars. 514<br />

Access to condoms<br />

Police confiscation of condoms for use as evidence remains a controversial issue. Although<br />

the government has supported efforts to promote condom use among sex workers<br />

over the last decade, a study conducted in 2010 found that the presence of condoms in<br />

establishments when raided by the police is still used as evidence for sex work. 515<br />

The 100% CUP was introduced initially in three sites in the Philippines in 1999 by Program<br />

for Appropriate Technology in Health (PATH) through the <strong>AIDS</strong> Surveillance and Education<br />

Project of USAID. The programme was expanded to five other sites. In 2003, the programme<br />

was implemented with WHO support in San Fernando, La Union, Dagupan and Urdaneta,<br />

Pangasinan, and Laoag City. 516 Since 2003, the 100% CUP has been implemented in few<br />

cities and has never had national coverage. Strategies of the 100% CUP include:<br />

510 Makati City, Makati Citizen’s Guidebook, p.149.<br />

511 In the City of Angels, they use condoms, Newsbreak, 21 January 2011.<br />

512 Information provided at country consultation workshop, 6 October 2011.<br />

513 Ibid.<br />

514 Ibid.<br />

515 Natividad J., Trinidad A., Billedo C., Templonuevo J., (2011) op cit., p.80.<br />

516 See: Guide to 100% Condom Use Programme in the Philippines, HAIN News, 16 December 2007.<br />

150

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